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…Thus, the policy of insurance mentioned above insured Pauline W Kimuyu or her agent in respect of any such liability as is required to be covered by section 5 (b) of the Act.…

…However, upon examination and investigation, the appellant repudiated liability under the insurance policy for reasons which were communicated to the insured.…

…Kihara for the respondents argued that as the issue of liability had been determined by consent, there was no necessity of producing letters of administration. With respect, the issue of liability is in respect of tort.…

…The agreement between the parties as regards liability, decided the question of who was to blame and to what extent, for the accident. It was therefore wrong for Mr.…

…Consequently, the second defendant denied vicarious liability. The parties then agreed on a statement of facts, and having called no evidence, put forward their arguments.…

…Securicor has challenged its vicarious liability.…

…This is a suit of vicarious liability and in Launchburry v Morgans [1971] 2 QB 245 at p 253 Lord Denning MR said, the phrase vicarious liability means: “that one person takes the place of another so far as liability is concerned…

…In Broom v Morgan [1953] 1 QB 597, it was suggested that: “the master’s liability for the negligence of his servant is not a vicarious liability but a liability of the master himself owing to his failure to have seen that…

…The plaintiff submitted a claim to be indemnified for the loss and damage arising from the accident but this was rejected by the appellant which disclaimed liability.…

…The appellant entered appearance and also filed a defence denying liability on the grounds:- (a) That at the time of the accident the vehicle was being driven by an unauthorised driver in breach of the policy; (b) that the…

…The appellant however disputed the nature and value of the respondent’s goods allegedly lost and contended that in any case its liability to compensate the respondent was limited by the Warsaw Convention 1929 and the Hague…

…And by article 4(3) the convention mandatorily requires the carrier to record the number and weight of the luggage: failure to do so disentitles the carrier from availing itself of the limitation of liability provided by…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…Liability 32. Having proved the fact of the accident and the demise of the Deceased as a result thereof, the next issue for determination would be the question of liability. 33.…

…On vicarious liability the Court of Appeal in the case of Tabitha Nduhi Kinyua v Francis Mutua Mbuvi & another [2014] eKLR stated as follows:- “The principle of vicarious liability is an anomaly in our law because it imposes…

…He was obviously referring to the issue of liability as he did say, and quite correctly in our view, that the issue of damages should proceed to proof by way of assessment of damages. Mr.…

…there was no denial at all of the allegation of the alleged wrongly dismissal and in any event there was no application made to the judge orally or otherwise to amend the defence, we see no point in letting the issue of liability…

…The defendant’s appeal is against both liability and quantum. The plaintiff’s appeal is against quantum only. We shall deal first with the submissions made by Mr. Jiwaji, for the defendant.…

…The appeal against liability must fail and it is dismissed.…

…The only question remaining in my mind as regards liability is what was the true effect of those findings?…

…To that extent only would I allow the appeal as regards liability.…

…However, such finding does not absolve the defendant from liability. Besides the speed, the court must consider whether he kept any proper look out or sufficient regard for the pedestrians crossing the road.…

…These grounds are mainly on liability and quantum of damages.…

…The appellant at first filed a defence denying liability to the respondent but when the case came up for hearing before the High Court (Aganyanya, J) on the 20th February, 1989, a consent order was entered and the terms of…

…that order were that judgment on liability was entered for the respondent and four medical reports were put in evidence without calling the doctors who had made them.…

…These findings by the Judge on liability form the basis of the cross-appeal, wherein we are asked to reverse them. We do not think we can do so.…

…We are satisfied that there was sufficient evidence to support the Judge’s conclusions on the issue of liability and in any case, the respondent’s claims as stated by Stephen were not part of their pleadings.…

…Liability for the accident is not in dispute. It was agreed between the parties that the liability of the appellants was to be 80%. The learned judge did not reduce the figure of damages he awarded by 20%.…

…The upshot of all this is that this appeal is allowed and damages awarded in the sum of shs.960,000/= are reduced to shs.350,000/= and further reduced by 20%, as the appellants' liability was 80%.…

…In my judgment, therefore, the issue of liability was already settled ( in favour of the plaintiff of course) by the time the judge embarked on the task of assessment of damages.…

…The plaintiff’s suit could not be dismissed as liability had been admitted. No injustice would have been occasioned to either party if the judge had proceeded along the lines I have suggested.…

…travelling in a vehicle insured for commercial use only. 2.The passenger so injured, or the estate of a deceased passenger, as the case may be, gets no right to sue the insurer eventually, under section 10 of Cap 405, as the liability…

……………………PLAINTIFF VERSUS PANAFRICAN BANK LTD & 2 OTHERS……………….RESPONDENT (Appeal from the High Court at Nairobi, Schofield J) JUDGMENT The plaintiff Bananahill Investment Limited is a limited liability company.…

…Mr Hira’s line of argument is that the respondent was dealing with a limited liability company which executed a mortgage over the property the subject matter of sale.…